Of Death And Medicare Recovery
June 3, 2011 8:57 AM Subscribe
My father passed away a few weeks ago - I'm the sole heir and designated executor of his will and it has been not too difficult a process even with my depression (partly because he prepared for it very well but also because he had almost nothing to leave me), but I still have worries...
posted by oneswellfoop to Law & Government (18 answers total) 1 user marked this as a favorite
His death was the result of being hit by a car (as a jaywalking pedestrian, sigh) as noted by the Death Certificate. Based on that, the insurance company of the driver has offered me a settlement equal to their full insurance coverage ($15,000). I had no intent to pursue anything more BUT he was in the hospital for 11 days after the accident and his medical bills were over $25,000, about 90% paid by Medicare. I have learned that Medicare has the right to recover its costs from any liability settlement, so I think "fine, just let Medicare have it all." But will there be a problem with whatever is NOT covered by the settlement? And what is the responsibility of The Estate for the last 10%? As I said, he had zero cash and few possessions worth not much, but I'd give up the few 'family heirlooms' to avoid further hassle (how to do it, I don't know). I know You Are Not My Lawyer, but I doubt "the Estate" (me, on disability) can afford a real lawyer.